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H 539

IDAHO ADMINISTRATIVE PROCEDURE ACT – Amends existing law to establish provisions regarding temporary rules and to revise provisions regarding temporary rules.

68th Legislature, 2nd Regular Session (2026)

HB 539 strengthens temporary rules with explicit gubernatorial justification, mandatory publication, and concurrent rulemaking to improve accountability while preserving emergency

Reported Signed by Governor on March 17, 2026 Session Law Chapter 41 Effective: 07/01/2026
#emergencies #government #governor #health #rules #safety
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Bill Summary · H 539

Overview

House Bill 539 (2026) from Idaho would amend the Idaho Administrative Procedure Act to establish clearer provisions governing temporary rules. The measure aims to provide process parameters, justification, and reporting for temporary rules used when negotiated rulemaking is not feasible, while preserving the goal of using negotiated rulemaking whenever possible. The act takes effect July 1, 2026.

Purpose and intent

  • Acknowledges that temporary rules are sometimes necessary to bridge gaps before pending rules can be considered in the full rulemaking process.
  • Seeks to improve accountability and transparency by requiring specific findings, explanations, and reporting when temporary rules are employed.
  • Encourages agencies to use negotiated rulemaking, but recognizes emergency or limited-situation needs that justify temporary rules.

Key provisions and changes

  • Definition and scope of temporary rules:

    • Temporary rules may be used in emergency or limited situations where negotiated rulemaking is not feasible.
    • Agencies must make every effort to utilize negotiated rulemaking before adopting a temporary rule.

  • Governor’s findings and justification (subsection 1(2)):

    • A temporary rule may become effective before legislative review if the governor finds one of the following justified reasons:
    • Protection of an imminent threat to public health, safety, or welfare from a danger unknown to the agency or from worsening conditions.
    • Compliance with deadlines in amendments to governing law or federal programs.
    • Reducing a regulatory burden on individuals or businesses.
    • Protection of citizens’ rights.
    • A natural disaster.
    • The governor must publish a statement detailing why an earlier effective date is required and the agency must include this finding and supporting reasons in the rule.

  • Fee rules (subsection 1(2)):

    • Pending fee rules may take effect before concurrent legislative approval if the governor finds the fee or charge is necessary to avoid an immediate danger, accompanied by an explanatory statement.

  • Publication and coordination (subsections 1(3)–(6)):

    • Temporary rules must be published in the first available issue of the bulletin.
    • Temporary rules are not required to follow certain standard rulemaking requirements if the coordinator transmits a copy to the director of the legislative services office.
    • Concurrent rulemaking: Agencies should begin proposing regular rulemaking at the same time a temporary rule is promulgated, unless the temporary rule will expire before the proposed rule can become final. Proposed rules should identify changes from the previous version.

  • Limitation on reuse of temporary rules (subsection 1(7)):

    • If a temporary rule expires, the same or substantially similar rule cannot be adopted again unless:
    • The governor finds an imminent threat and publishes a statement noting changed or emergency circumstances, or
    • Ninety days have elapsed since expiration and a basis for a new temporary rule exists, or
    • A disaster emergency is declared.

  • Legal challenge (section 67-5270 reference):

    • A person aggrieved by a temporary rule can challenge the rule as a final agency action under existing procedures.

Who is affected

  • State agencies that draft and promulgate rules, especially those considering or using temporary rules.
  • The governor, who must make findings and publish justifications for emergency or rapid-effect temporary rules.
  • The Legislative Services Office and the director for coordination and notification of temporary rules.
  • Stakeholders and the public who may be affected by temporary or emergency rules, given the enhanced transparency and potential timing implications.
  • Entities subject to fees that may be implemented on an accelerated basis under temporary rule authority.

Procedural and timeline aspects

  • Effective date: July 1, 2026.
  • Temporary rules: Must be published promptly and may take effect prior to legislative review under specified justifications.
  • Concurrent rulemaking: Agencies should commence proposed rules alongside temporary rules, unless expiration is imminent.
  • Limit on reissuing: Temporary rules cannot be reissued in substantially the same form unless justified by emergency or disaster conditions or after a waiting period.
  • Judicial review: Aggrieved parties can challenge temporary-rule actions through the standard final-agency-action process.

Financial impact

  • The fiscal note indicates only minimal additional cost due to added justification and reporting requirements; no significant new funding is anticipated.

Conclusion

HB 539 strengthens Idaho’s framework for temporary rules by requiring explicit gubernatorial justification, mandatory publication of findings, and concurrent rulemaking efforts, while reinforcing accountability and public transparency. It preserves the option to use temporary rules in emergencies but imposes guardrails to prevent overuse or repeated reliance on such rules.

Compiled from official sources — confirm details with the bill’s official record.

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